Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement and Wages) Regulations 2014.

• Published date: 12 August 2014
• Statutory Instrument No.: 373/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th August, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act 1947 (No. 46 of 1947), section 87 of the Merchant Shipping Act 2010 (No. 14 of 2010) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and for the purpose of giving effect to Council Directive 2009/13/EC of 16 February 20091 hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement and Wages) Regulations 2014.

(2) These Regulations come into operation on 20 August 2014.

Interpretation

2. In these Regulations—

“Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992);

“Act of 2010” means the Merchant Shipping Act 2010 (No. 14 of 2010);

“agreement” means a seafarer employment agreement (SEA);

“competent authority” means that part of the Department of Transport, Tourism and Sport which is known as the Marine Survey Office;

“Convention” means the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006;

“Irish ship” has the meaning assigned to it by section 2 of the Act of 2010;

“Marine Notice” means a notice, described as such, issued by the Minister, and any reference to a particular Marine Notice includes a reference to that notice as amended or replaced from time to time;

“Minister” means the Minister for Transport, Tourism and Sport;

“Regulations of 2011” means the European Communities (Passenger Ships) Regulations 2011 ( S.I. No. 322 of 2011 );

“seafarer” means any person, including a master, who is employed, engaged or works in any capacity on board a ship and whose normal place of work is on the ship but does not include a pilot within the meaning of section 2 of the Harbours Act 1996 (No. 11 of 1996);

“seafarer employment agreement” includes both a contract of employment and articles of agreement;

“seagoing”, in relation to a ship, means—

(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968),

(b) a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992,

(c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992,

(d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011,

(e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011,

(f) a Dynamically Supported Craft (DSC) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or

(g) any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters;

“ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary;

“shipowner”, in relation to an Irish ship, has the meaning assigned to it in the Convention and includes an owner within the meaning of section 2 of the Act of 2010.

Application

3. These Regulations apply to all seagoing Irish ships wherever they may be.

Duties of owners with regard to agreements

4. A shipowner of a seagoing Irish ship who employs a seafarer shall ensure that—

(a) an agreement is entered into, in writing, and signed in duplicate by the seafarer and the shipowner or his or her representative in which the terms and conditions of employment of a seafarer are set out,

(b) before a...